Lederer & Strauss v. Colonial Investment Co.
Supreme Court of Iowa
Appeal from PoTk District Court. — IIon. W. H. McHenry, Judge. Suit in equity to enjoin the defendants from inserting iron beams in a party wall beyond tbe center line thereof. There was a judgment for the plaintiffs granting the relief prayed, and also enjoining the defendants from placing soil or other pipes in the wall. The defendants appeal.—
1Opinion of the CourtSherwin, J.
The important legal question in this case is whether the owners of party walls may extend the *158beams or timbers of their buildings beyond the center of the wall. The question has never heretofore been directly determined by this court, and the answer thereto must rest primarily on a construction of the statute. See title 14, chapter 10, of the Code.
The appellants contend that under this statute ownership in a party wall is an estate in common, giving to both, parties the equal use of the whole thereof for all of the purposes of an exterior wall, and claim that the title of the chapter “ walls…
2Cases cited18 opinions
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Gibson v. HoldenIllinois Supreme Court · 1885
- Hoffman v. KuhnMississippi Supreme Court · 1880
- Graves v. SmithSupreme Court of Alabama · 1888
- Sullivan v. GraffortSupreme Court of Iowa · 1872
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3Cited by6 opinions
- State v. LinsigSupreme Court of Iowa · 1916
- Percival v. Colonial Investment Co.Supreme Court of Iowa · 1908
- Reyes v. AlvarezSupreme Court of Puerto Rico · 1929
- Younker v. McCutchenSupreme Court of Iowa · 1916
- Knudson v. LinstrumSupreme Court of Iowa · 1943
1 more not listed; retrieve them via the Exa API.